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STATE v. BALL

No. 95-3677.

689 So.2d 1157 (1997)

STATE of Florida and Palm Beach County, Appellants, v. Dallas Timothy BALL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

Robert Butterworth, Attorney General, Tallahassee, Joan Fowler, Georgina Jimenez-Orosa and Melinda Melear, Assistant Attorneys General, West Palm Beach, for Appellant-State.

Denise Dytrych, Acting County Attorney, and Daniel P. Hyndman, Assistant County Attorney, West Palm Beach, for Appellant-Palm Beach County.

Fredrick Susaneck of Essen, Essen, Susaneck, Canet & Lipson, P.A., West Palm Beach, for appellee.

Herbert W.A. Thiele, Suzanne T. Smith, and Andrea Lee Abrass, Clearwater, for amicus curiae The Florida Association of County Attorneys, Inc.

Rehearing and Rehearing En Banc Denied April 7, 1997.

STONE, Judge.

We reverse an order directing the state and county to pay private counsel attorney's fees to Appellee following his acquittal on criminal charges. The trial court lacks authority to enter such an order.

Appellee claims, inter alia, that fairness requires that the state, or county, be held accountable for attorney's fees incurred by an acquitted defendant that result from the state...

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